Masterly Concubinage

The Yajnavalkya Smriti classifies concubines into two types: (1) Avaruddha and (2) Bhujasya. An Avaruddha Stree operates under an injunction to stay at the master’s home whereas a Bhujasya is not kept in the house but elsewhere. There is some protection for an Avaruddha Stree in modern India. There is a presumption in favor of […]

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Alienation of Affection III

It is increasingly evident that the mere fact of an “illicit affair” is not “cruelty” within the meaning of the first limb of Section 498A of the Indian Penal Code, 1860. While discussing Alienation of Affection Tort Actions, I had mentioned Pinakin Rawal v. State of Gujarat, (2013) 10 SCC 48 (“Pinakin”) – a lesser […]

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Alienation of Affection II

Within the meaning of The Protection of Women from Domestic Violence Act, 2005  (“Act”) it must be established at the very outset that the “aggrieved person”, the woman, shares a “domestic relationship” with the Respondent. Section 2(f) of the Act, which defines a “domestic relationship”, includes within its ambit live-in relationships. Live-in relationships may very […]

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Pati, Patni aur Woh

Love triangles in a marriage can cut both ways. In the era we live in, the “woh” can be a man too. The incident of Naval Officer K.M. Nanavati gunning down his wife’s paramour, in the late fifties, has not been forgotten. Truth be told, it is beyond doubt that a man and a woman […]

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Alienation of Affection

In some states of the United States of America, perhaps seven in all, a wife can sue “the other woman” (for her wrongful and malicious acts towards stealing the husband) in an ‘alienation of affection’ tort action. Though not much jurisprudential thought has been afforded to such actions in India – the Hon’ble Supreme Court of […]

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